1

Letting Contract

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Hillcross Estates Ltd arranges bookings of properties and acts as agent for the owners of the properties, booking is an agreement between the guest and the owner of the property (the owner).

Hillcross Estates is responsible for the administration of your booking on behalf of and as an agent of the owner, except where otherwise stated in these booking conditions.

These booking conditions set out the basis of your contract with the owner, effective upon booking confirmation, and define Hillcross Estates position.

This contract does not affect your statutory rights.

2

Liability of responsible applicant

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Booking confirms that the party leader is at least 18 years of age and has read and agrees to all the terms and conditions, they will be responsible for all payments due to Hillcross Estates.

The party leader must be authorised by the other guests to make the booking on their behalf and they are responsible for making sure all guests in their party have read the terms and conditions and agree to them.

Only the number of guests booked can be accommodated, unless by special arrangement, exceeding this is a breach of contract and the owner may terminate the booking and retain all monies paid.

The property must be used only as a private holiday occupation and not for general residential or any other purposes.

3

Confirmation of booking

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All bookings are subject to availability and a deposit is required.

It is your responsibility to check your emails regularly and advise us of any changes to your email address.  

Hillcross Estates may refuse any booking prior to written confirmation and if so will write to inform you as well as returning all monies paid to us.

Any extra terms specific to a property or special offers will be sent to you before or on booking and should be read in conjunction with these.

All contracts will be deemed to have been made in England and are in accordance with and subject to English law.

4

Payments

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Bookings can be paid for by either 1) The online booking form by Pay Pal or Google checkout. 2) Over the phone by credit or debit card. 3) Sending a cheque or postal order to our office address.

Credit card payments will be subject to a 3.75% extra charge, those made by American Express may be subject to a higher charge, there is no charge for payments made by cheque, debit card, Pay Pal or Google checkout.

As mistakes can occur you should carefully check all details when booking.

5

Balance payments

The balance is due 6 weeks before your arrival, unless you book within 6 weeks of arrival in which case full payment must be made when booking. If the balance is not paid by the appropriate date the company on behalf of the owner will be entitled to assume you have cancelled your booking and keep all deposit paid or due at that date, although we will endeavour to remind you.

6

Extras

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Accommodation extras such as cleaning and laundry may be charged through Hillcross Estates or by owners of some properties; these will be described and priced in the property details. When booking you agree to pay for these extra charges. If you cancel the holiday these charges will be refunded in full.

Holiday extras- for some properties we offer to arrange holiday extras, click here to find out what is available. These will be charged on top of your accommodation, you agree to pay for these extras when booking them and no credit will be given if you cancel.

7

Cancellations or changes by you

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If you wish to make changes to your booking after confirmation we will do our best to accommodate, but changes may be subject to extra charges as well as an administration fee of £25, and we cannot guarantee changes. A change may have to be treated as a cancellation and a new booking, in which case cancellation charges will be incurred as set out below.

If you have to cancel your booking for a qualifying reason, we will try to re-let your booking, offering the holiday again at a price which in our experience it most likely will be re-let. However we will hold your money until such time and you will be responsible for any costs incurred by ourselves, including any losses incurred in re-letting the property and an administration fee of £25, to the maximum of your payment, and provided the cancellation applies to all members of your party as set out in 7c.

Qualifying reasons must have occurred after the booking was made (with the exception of pregnancy) and include illness/ pregnancy (subject to evidence of unfitness to travel), death, redundancy (provided employment has been on a continuous basis with the same employer for the last 2 years), jury or witness service (in a court of law), illness or death of a close relative (defined as either spouse, son or daughter (in law), parent (in law), grandparent, sibling, fiancé), your house is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage, your presence is requested by the police, following a burglary at your home or place of business, during your holiday or within the preceding 7 days, your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of your holiday is recoverable from any other source), or compulsory quarantine.

You may also reach a full refund if you are unable to reach your holiday destination due to snow or flood conditions or as a result of being involved in an accident en-route (N.B this only applies if you have made every effort to complete the journey. You will need to produce evidence form the RAC, AA or Police).

Although a refund is available in these circumstances you may prefer to delay your arrival in which case an appropriate rate will be refunded for every 24 hour delay up to a maximum of 72 hours. You will need to provide appropriate evidence, possibly form a third party.

The following reasons for cancellation do not qualify for refund- suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs or any other reason not specifically referred to.

If you wish to cancel your holiday for a reason which does not fall under the qualifying conditions as above, a cancellation charge may be payable based on the number of days before your arrival we are notified of the cancellation. This means that if you have not paid the balance of your holiday you may still be required to pay further up to the full cost of your holiday, as explained below:

If cancellation is more than 42 days before the arrival date you will be charged up to your full deposit (normally 25% of the total rental cost).

If cancellation is 21-41 days before the arrival date you will be charged up to 50% of the total rental cost.

If cancellation is 15-20 days before the arrival date you will be charged up to 75% of the total rental cost.

If cancellation is 1-14 days before the arrival date you will be charged up to 90% of the total rental cost.

If cancellation is on arrival day or later you will be charged the total rental cost.

8

Cancellations or changes by the owner

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If a cancellation or change needs to be made to your booking by us, we will inform you as soon as possible by telephone, or if the change is minor by mail.

If it is a significant change and you do not find it acceptable, we will, if possible find you a similar alternative accommodation from our properties and you will not be required to pay any more than the original price. However if you find this alternative unacceptable, you may choose any other available property at the advertised cost. If this is less then we will refund you the difference, however it is at the owner of the original properties discretion whether to refund you the difference should it be more. If you do not wish to accept the change or an alternative property we will refund your money in full, the guest should tell Hillcross Estates as soon as possible by telephone which option they would prefer.

If you experience a loss due to a cancellation or significant change and can provide proof the owner will offer compensation. However compensation will not be due should you have declined an alternative accommodation without good reason, or for bookings cancelled due to circumstances beyond our control as set out in19a. No compensation will be paid for minor changes, or if you have failed to comply with these booking conditions.

A minor change is that which given the information you supplied to us on booking we, or the owner could not have expected to have a significant effect on your booking.

9

Curtailment of your holiday

A refund of an appropriate amount is available if your holiday is cut short for a qualifying reason as set out in part 6, evidence may be required. This only applies if the property is vacated by all members of your party.

10

Pets

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Pets are only allowed in certain properties as indicated in property details and only under the condition that they are not left unattended and that the guest will be responsible for any damage done by them, all owners do not allow pets upstairs or on the furniture. We and the owner accept no responsibility for their safety, and no bedding will be provided.

If a pet is bought into a property without permission it shall be deemed a breach of contract and the owner may terminate the booking and retain all monies paid.

Registered guide and support dogs are allowed in all properties; and for this reason customers with allergies should know that we cannot guarantee that the property has remained pet free and we will not be held responsible for any suffering caused.

11

Duration and times of rental

You, the guest may arrive after 2.30pm on the start of your holiday and leave by 11.00am on the day of departure, we can be flexible on these times if arranged before hand.

12

Complaints

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Complaints must be taken up with us or the owner immediately and we will do our best to rectify the situation, the sooner someone is notified the more likely it will be for us to help, and if you do not let us know whilst you are there you may not be able to claim.

However if you are still unsatisfied upon leaving please detail all issues in writing within 30 days of leaving.

13

Heating and electricity charges

All electricity and heating charges are included in the rental.

14

Property representations

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Property representations, both verbal and visual on the website or advertising are made in good faith, and are subject to change. They do not form part of the contract, and Hillcross Estates will not be liable for any neglect by the owner, or loss, damage, expense, accident, injury or inconvenience to persons or property caused by the reservation. We make reasonable effort to ensure information supplied to you is as accurate as possible and accept no responsibility for any inaccuracies except in the case of negligence by Hillcross Estates.

We will endeavour to notify you of any changes or inaccuracies as soon reasonable after we have been made aware of them.

Occasionally some facilities, services or local attractions advertised by the company may become unavailable or restricted, and Hillcross Estates and the owner accept no responsibility for this.

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Alterations to booking form and conditions

No owner or employee of Hillcross Estates has the right to modify the booking form or booking conditions or to make any representation or undertake any liability on behalf of Hillcross Estates apart from an authorised representative and then only in writing.

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Previous brochures

The current brochure and these booking conditions supersede all previous versions.

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Users risk

We and the owner accept no responsibility for injury, or loss or damage to property through use of the house and its equipment or amenities except in the case of negligence.

18

Liability

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If for any unexpected circumstance beyond our control (e.g. fire or flood) we are unable to provide the property, we will endeavour to find you a suitable alternative. However if this is not acceptable to you, all deposit or monies paid will be returned to you. However, you will have no additional claim against ourselves.

Hillcross Estates are not liable for any letting, delay or the failure to provide facilities or accommodation, or for any alteration made by the owner following the booking confirmation.

As Hillcross Estate Ltd acts only as an agent for the owner, we accept no responsibility for acts or omissions by the owner, or anyone representing, sub-contracting for or employed by the owner. Owners have full control of the property and therefore we also accept no responsibility for any shortcomings with the property.

You must do your best to safeguard persons and property and except in the case of death or personal injury caused by the negligence of Hillcross Estates, the owner or their employees, save to the extent provided in 19a neither Hillcross Estates, nor the owner will be liable for any accident, damage, direct or consequential loss, injury, expense or inconvenience whether to person or property which the applicant or any other person may suffer arising out of, or in any way connected with the letting howsoever caused.

Nothing in this section or elsewhere in these booking conditions will exclude or limit any liability the owner and /or company may have to you for a) any fraudulent act or omission or b) liability under Part 1 of the Consumer Protection Act 1987 (or any replacement, variation or amendment thereof) provided always that nothing in this section will confer on you any right or remedy to which you would not otherwise be entitled by law.

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Overseas bookings

Customers making payment through overseas bank accounts may incur charges from their bank. Guests from abroad should also note that this contract is formed under English law and data protection is subject to the laws of the European Union and may differ to their home countries.

20

Breakages and damages

The guest may use the property quietly for the period agreed and leave it in the same condition as when they arrived, any damages and breakages must be paid for, or replaced by the guest. The owner may choose to terminate the booking at any point should they feel it is likely damage would be caused or has been caused, this will be treated as a cancellation by you, and you will not be eligible for a refund.

21

Tenancy agreement

Hillcross Estates, acting on behalf of the owner hereby notifies you the guest that under the Housing Act 1998, the property was at some point in the last 12 months ending on the date of the tenancy agreement occupied under a right to occupy it for a holiday and accordingly possession may be recovered by or on behalf of the owners under case 3 of part 1 of schedule 2 to that act.

22

Access

You must allow the owner and any representative of the owner or Hillcross Estates (including workmen) access to the property at any reasonable time during your stay. In the case of an emergency and you cannot be contacted in time the owner or representative of Hillcross Estates shall be allowed to enter the property at any time without prior notice.

23

Cleanliness

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The Guest must agree to keep the property clean and tidy and leave it in the same condition as at the commencement of the holiday, if the property requires extra cleaning after your stay you will be charged costs incurred.

The property is cleaned between bookings, in most cases this is included in the cost, if not it will be specified in the individual property details.

24

Bed linen and towels

Bed linen and towels are included unless otherwise specified in the individual property details where they may need to be ordered at an extra charge.

25

Data

Information regarding you and your party will need to be collected and passed on to other parties to process your booking, and some information may be used for marketing purposes. These details are held in accordance with our privacy policy which can be viewed on our website, or please contact us to request a copy.

26

Insurance

Please note there is no insurance cover to protect your personal belongings, guests are advised to take out their own holiday insurance if they wish to do so.